Court Orders MTN To Pay ₦840 Million For Infringing On Citilink’s “WEBPLUS” Trademark

Justice Daniel Osiagor of the Federal High Court in Lagos has ruled in favor of Citilink Accesscorp Limited, ordering MTN Nigeria Communications Ltd. and the Registrar of Trademark, Patent & Designs to pay ₦840 million in damages for infringing on the company’s registered trademark, “WEBPLUS.”

Justice Osiagor issued a perpetual injunction prohibiting MTN and the Registrar from registering or issuing any certificates for “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variations under Classes 9, 16, and 38.

In suit number FHC/L/CS/1124/2014, Citilink Accesscorp Limited, represented by its counsel Azubuike Obiekwe, sought the following legal reliefs:

MTN’s legal team, led by Fidelis Adewole, argued that the defense of honest concurrent use applied in this case. They contended that even if the trademarks were similar, MTN had used the mark without deceptive intent and in good faith, urging the court to dismiss the claims.

However, in his judgment, Justice Osiagor rejected MTN’s defense and ruled in favor of Citilink, granting the following reliefs:

Justice Osiagor, however, denied Citilink’s request for special damages, including legal fees, due to insufficient proof.

The court reaffirmed that the Federal High Court has exclusive jurisdiction over trademark infringement cases, citing Section 251(1)(f) of the 1999 Constitution. Referring to Omnia (Nig.) Ltd v. Dyke Trade Ltd (2007) 15 NWLR (Pt. 1058) 576 SC, the judgment emphasized that all trademark disputes fall within the jurisdiction of the Federal High Court.

Additionally, the court ruled that merely adding a company’s name (such as “MTN”) to an existing trademark does not eliminate the likelihood of confusion, citing Draper v. Trist (1939) All E.R 513 (C.A.).

With this judgment, MTN is now permanently barred from using “WEBPLUS” or any similar name, solidifying Citilink Accesscorp Limited’s exclusive rights over the trademark.